DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Medallion Elec Services Unit Trust T/A Medallion Electrical Services
(AG2018/7081)

MEDALLION ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 14 JUNE 2019

Application for approval of the Medallion Electrical Services Pty Ltd Enterprise Agreement 2017 - 2021.

[1] Application has been made for approval of a single enterprise agreement known as the Medallion Electrical Services Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Trustee for Medallion Elec Services Unit Trust T/A Medallion Electrical Services.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 13 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, The Trustee for Medallion Elec Services Unit Trust, trading as Medallion Electrical Services, applied for approval of the Medallion Electrical Services Pty Ltd Enterprise Agreement 2017-2021. The dispute involved the terms of the proposed enterprise agreement between the employer and the employees, and whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the court were whether the agreement provided for fair and reasonable terms, whether it allowed for the fair resolution of disputes, and whether it adhered to the provisions of the Fair Work Act. The court also had to consider whether the agreement met the requirements for direct resolution of disputes and if the agreement contained provisions that were contrary to public policy or contrary to the principles of the Fair Work Act.

After examining the evidence and arguments presented by both parties, the court found that the agreement met the necessary criteria for approval. The agreement provided for fair and reasonable terms and included provisions for the fair resolution of disputes. The court was satisfied that the agreement adhered to the provisions of the Fair Work Act and did not contain any provisions that were contrary to public policy or the principles of the Act. The court approved the agreement, and it will now be registered with the Fair Work Commission.

The court ordered that the Medallion Electrical Services Pty Ltd Enterprise Agreement 2017-2021 be approved and registered with the Fair Work Commission. The agreement will now be binding on the employer and the employees covered by the agreement. The court also ordered that the agreement be published on the Fair Work Commission's website to ensure transparency and accountability in the workplace.

The Trustee for Medallion Elec Services Unit Trust T/A Medallion Electrical Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established